Law Enforcement Review Board

The board, an independent and impartial body, hears appeals from citizens and police officers regarding complaints of officer misconduct.

Overview

The Law Enforcement Review Board (LERB) is an independent quasi-judicial body established under the Police Act (R.S.A. 2000, Chapter P-17).

The principal activity of the board is to hear appeals from both citizens and police officers separate and apart from the police service involved. The principal objective of the board is independent and impartial review. At the request of the minister, the board may also investigate any matter relating to policing. Individuals who can appeal are:

a citizen

a police officer

a peace officer

Once the board has made a decision about an appeal, it is binding. The only further appeal that can be made is to the Court of Appeal and only if the board made a legal error in its decision (also called error of law).

The Law Enforcement Review Board is made up of members from the public, who are appointed by the lieutenant-governor. The members represent a broad range of experience in the community. The chair of the board must be an active member of the Law Society of Alberta.

Appeal hearing bulletins

Appeal process

The Police Act provides the opportunity for a citizen to complain about the conduct of a police officer. The citizen must first file a complaint with the police service that employs the officer. The police service will then conduct an investigation to determine whether or not the conduct of the complained-about officer constitutes misconduct. The chief of police, or in the case of a hearing, the presiding officer, will issue a decision letter to the citizen advising them of the outcome of the investigation and their right to appeal to the Law Enforcement Review Board if they are not satisfied with the findings.

If either the citizen or the affected officer(s) disagrees with the conclusion of the chief of police, they may appeal the decision to the board. The board will hold a public hearing into the matter and issue a written decision.

Filing a notice of appeal

The citizen or the affected officer(s) have 30 days to appeal in writing to the board secretary. They must explain why the chief's decision was unreasonable, the date of the alleged conduct, the identification of the officer(s) (if known) and a description of the incident that gave rise to the complaint. Complete contact information must be included, so the board may contact them. The appeal can be submitted in person, by fax, mail or e-mail.

Process for an appeal

The board will notify the affected parties of the appeal, usually within 30 days. Prior to setting a hearing date the board will direct the chief of police to provide a copy of the information that was before him when he made his initial decision to the board and to the parties to the appeal. On average, appeals take six to 12 months to complete.